[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR172.23]

[Page 25-26]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 172--ADMINISTRATION OF ENGINEERING AND DESIGN RELATED SERVICE CONTRACTS--Table of Contents
 
              Subpart B--Private Sector Involvement Program
 
Sec. 172.23  Evaluation and selection.

    (a) When funds are appropriated for this program, the FHWA will 
invite States to submit applications to participate in the program. The 
FHWA will use the applications to make the program allocations under the 
program.
    (b) The FHWA will make a comparison of the applicants based on the 
amount of Federal-aid highway funds each State has expended on contracts 
for engineering and design services. In assessing the amount of funds a 
State spent in procuring engineering and design services, the FHWA will 
also consider the amounts expended by States

[[Page 26]]

on 100 percent State-funded engineering and design services contracts 
involving projects to be constructed with Federal-aid highway funds to 
the extent the State provides such information with its application.
    (c) The FHWA will select not less than three States each fiscal year 
to receive funds under this program.
    (1) Selection of the States to receive funding under this program 
will be made by determining which States were the most effective in 
increasing the percentage of funds expended on engineering and design 
services contracts in the year preceding the fiscal year in which funds 
are to be allocated. In the selection process, the FHWA will evaluate 
each State's program of contracting for engineering and design services. 
The evaluation will primarily consider such information as the amount 
and percentage of Federal-aid highway funds and State funds expended on 
engineering and design services contracts, the number of contracts 
awarded for such services, the relative size of the State's Federal-aid 
highway program and the increases in use of private sector firms during 
the preceding year and the preceding five years.
    (2) Upon the FHWA's request for applications, each State interested 
in being considered should submit its application through its 
appropriate FHWA Division Office. The application may be in letter form 
and should include current information on the extent of the State's use 
of consultants for engineering and design on Federal-aid highway 
projects. In addition, the State may provide data on the amount of 100 
percent State-funded engineering and design services contracts involving 
projects to be built with Federal-aid highway funds and any other 
information demonstrating the State's effectiveness in increasing the 
percentage of funds expended on engineering and design services 
contracts in the past five years.